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LegalGems, Lawyer
Category: Consumer Protection Law
Satisfied Customers: 7110
Experience:  Research Attorney; Private Practice; Attorney Mentor; Mediator
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We are german travelers and we red somebody in the us we

Customer Question

we are german travelers and we hired somebody in the us we found on the internet to custom build us a motorhome! he took 2/3 of our money and didnt finish the job - i never got a receipt what so ever! he is not a businessman, but i didnt know! fact is he never particulary told me i would get a bill or so, but the job is maybe 50% done and even that half is mostly built wrong!
Submitted: 5 months ago.
Category: Consumer Protection Law
Expert:  LegalGems replied 5 months ago.

Are you still in the US? Do you have proof of payment and the person's contact information? What state?

Customer: replied 5 months ago.
we kinda have proof! we gave money in cash but have messages on facebook where is asking for more! we are in canada now but will be back in us soon! i have all the contact information! they are rather poor and uneducated people - i just want my money back! im sure with a letter from a lawyer (i have plenty of lawyers working for me in germany) they will accept!
Customer: replied 5 months ago.
it was in north carolina
Expert:  LegalGems replied 5 months ago.

Thank you;

An agreement must contain four essential elements to be regarded as a contract. If any one of them is missing, the agreement will not be legally binding.
1. Offer
2. Acceptance
3. Intention (meeting of the minds)
4. Consideration (fair value exchanged)

For breach of a contract, there is a material breach (goes to the very heart of the matter) and an immaterial breach (money damages will help compensate the plaintiff).

In cases of material breach, the party not in breach may revoke their acceptance, so goods/payment are returned.

For immaterial breach, the plaintiff is compensated by the defendant paying for the damages (ie cost of repair).

A contract can be oral or written. It just needs to be proven (so facebook messages will help with that).

One can write a demand letter themselves and see if that has the desired result; if not, then one can hire an attorney to send the letter; often times it is helpful to include a copy of the complaint of the breach of contract case, stating that the complaint will be filed if the money is not returned by X date.

It takes anywhere between 4-12 weeks to get a court hearing, so even if you have left the country, the attorney can still make an appearance on your behalf so your presence would not be necessary.

Small claims is appropriate for cases under $10,000 -

An attorney can be located here:

Further questions? Please post here to continue the chat.

Satisfied? Kindly rate positively so I receive credit for assisting you.

(no additional charges are incurred).

Information provided is for educational purposes only. Consultation with a personal attorney is always recommended so your particular facts may be considered. Thank you and take care.

Customer: replied 5 months ago.
you cant write that letter for extra charge?
Expert:  LegalGems replied 5 months ago.

Drafting a letter could be interpreted as an attorney client relationship which I am not able to do; I can only provide legal information, not legal advice. You can google "sample letter breach of contract" and explain how a verbal contract is created, and binding. Here is a sample demand letter that can be modified to your situation:

[Your Address]
[Your City, State, Zip Code]


[Name of Contact Person]
[Company Name]
[Street Address]
[City, State, Zip Code]

Dear [Contact Person]:

On [date], I bought [or had repaired] a [name of the product with the serial or model number or service performed]. I made this purchase at [location, date, and other important details of the transaction].

Unfortunately, your product has not performed well [or the service was inadequate] because [state the problem].

To resolve the problem, I would appreciate your [state the specific action you want]. Enclosed are copies [copies, not originals] of my records [receipts, guarantees, warranties, cancelled checks, contracts, model and serial numbers, and any other documents] concerning this purchase/repair.

I look forward to your reply and a resolution to my problem. I will wait [set a time limit] before seeking third-party assistance. Please contact me at the above address or by phone [home or office numbers with area codes].


[Your Name]
[Account Number]

Hopefully this information has been helpful. Kindly rate 5 stars so I receive credit for assisting you.

Expert:  LegalGems replied 5 months ago.

Did you have any further questions? I provided a template demand letter at no extra charge.

Kindly rate positively-this does not result in additional fees to the customer.

Here is a link to the bar association's legal referral site:

Should you have further questions please post here; otherwise kindly

--- Rate Positively---
so the site credits me for assisting you.

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